Its Gone!!! hit by a DUI

[Hart_Rod]

MVPCO,

Give my buddy up in Milton a call about fixing your truck. His name is Todd Crutchfield (623-2277). He's the one that painted the '48. I'm know he'll give you a better deal than that.

[5150]

As a former Police Officer, I hate to say this but you need to sue the city and the officer himself. I would expect the same if that was me and I #(*$*&% up the stop. I can possibly see if he was just at the limit and performed the officers Field Sobriety Tasks satisfactory but to be that far over that's just emabarassing.

Maybe I missed it, but did the officer actually get him out and have him perform FST's???

[IAFF2407]

--------------------------------------------------------------------------------
"You'd think (hope?) that somewhere on some forum (if not here) there was a truck enthusiast member who was an attorney and would be willing to help you out."



sorry, I don't know any old chevy truck drivin' red neck lawyer!

[moneyguru]

Talk with your homeowner's insurance, because the cars were
parked in your driveway and not moving it should cover the costs.

Atleast that's how it works here in Michigan.


Good luck

[roadkillint]

*****Edited By Moderator****

Sales are only permitted in the classifieds area

[mvpco]

Originally Posted by moneyguru

Talk with your homeowner's insurance, because the cars were
parked in your driveway and not moving it should cover the costs.

Atleast that's how it works here in Michigan.


Good luck

I did, they said Motorized Vehicles are not included in Homeowners, Just the fence and concrete damage was covered.

Jeff

[mvpco]

Well the rims just got finished.....DOH!

I will just save them for the next one.
I went with the 73 Dogdish so the color would match

[moneyguru]

I've done some checking and your vehicles aren't covered by your home owner's policy
if you have auto insurance policies for them.

Your best bet now is to hire an attorney and sue the city, hoping the city or it's
insurance company will want to settle out of court.

Good luck
Chris

[mvpco]

Here is an update. The TV station came out today to do
a Live update on all that has happen. I will get the
other footage later:

Here is the WEAR 3 News footage at 6pm

http://www.weartv.com/players/news/t...vid_1779.shtml

[wirebiter]

I saw the news tonight. They say the city is not liable even though the cop had just let the drunk drive off. I would check with someone on that one. It just seems wrong. I think that also if you were to go after the cop himself for the incident, the city or his union would probably end up settling on his behalf. Just some food for thought.

[garypr1]

aww @!#@!that really sucks. I can totally relate cause a tree landed on my 72 this summer and its still not back on the road. Soooo sorry!!!!

[Longhorn Man]

time to file charges against the cop, police department, and the city.

[Longhorn Man]

did you ever get your hands on the video?

[mvpco]

No video yet, after the investigation for the driver and sentencing then I will get a copy they said. It is evidence for now.

I can not go after the City, Cop or PD because "I tried to seek compensation from the City of Pensacola... But was told they were not legally responsible. An attorney for the city told me today that a past Florida Supreme Court ruling states that an officer's discretion to arrest or not arrest someone falls under the doctrine of sovereign immunity and is not open to a liability claim."


So, I am upset because it is a "Flagrant Misjudgment" and Officers or Cities are not held accountable for their Judgements to arrest or not to arrest.

[5150]

Go talk to another attorney. Don't take the city attorney's word. You'd be amazed what they will say to get out of it. Trust me there was a nice meeting between the city attorney, the mayor/city manager, and the police chief trying to find out what they are liable for.

They are liable for something. As much as it pains me to say it go after the officer. I'm sure he is in FOP or PBA and pays dues to a union for these things to cover him if he ever was sued or held liable for something. The police department itself has a risk management insurance to cover these things also. At my department it's called the Tennessee Municipal League( http://www.tml1.org/ ) which one of it's purposes is to cover screwups by cities and their employees.

Florida has to have something like this to assist municipalities.

[mvpco]

I just saw on the TV website you can post a vote if the City should pay.. WOW!

Wont mean nothing but can some of you post a vote:

www.weartv.com it is on the left side of the page


Here is one I wish I could write (hint, hint):

Of Course! because it was a Flagrant Misjudgement on the Officer's part. He had plenty of Red Flags. Wait till you see the Dash Board Cam Video! Remember "To Protect and Serve" I know the Insurance will give him a hard time since there was no Bobily Injury. He told me he had full coverage on 2 of the vehicles and the 3rd had liability. The Homeowners will only pay for the fence & concrete. No motorized vehicles. $500 ded on each. Thanks COP PPD you did good in this Fishing Tournament. "Catch & Release" good job. no pay the prize $$ to Smith!!!

THANKS!!!

[mvpco]

I just saw on the TV website you can post a vote if the City should pay.. WOW!

Wont mean nothing but can some of you post a vote:

www.weartv.com it is on the left side of the page


Here is one I wish I could write (hint, hint):

Of Course! because it was a Flagrant Misjudgement on the Officer's part. He had plenty of Red Flags. Wait till you see the Dash Board Cam Video! Remember "To Protect and Serve" I know the Insurance will give him a hard time since there was no Bobily Injury. He told me he had full coverage on 2 of the vehicles and the 3rd had liability. The Homeowners will only pay for the fence & concrete. No motorized vehicles. $500 ded on each. Thanks COP PPD you did good in this Fishing Tournament. "Catch & Release" good job. now pay the prize $$ to Smith!!!

THANKS!!!

[moneyguru]

I posted

"The city should be thankful it was a fence and some cars that were hit and not a playground full of children. The city should step up and pay for the damage!'

[5150]

I posted too.

MVPCO, I never saw or you never answered....Did the officer have the driver perform Field Sobriety Tasks??

[mvpco]

Originally Posted by moneyguru

I posted

"The city should be thankful it was a fence and some cars that were hit and not a playground full of children. The city should step up and pay for the damage!'

THANKS!!!

[mvpco]

Originally Posted by 5150

I posted too.

MVPCO, I never saw or you never answered....Did the officer have the driver perform Field Sobriety Tasks??

The 1st offcer(City Cop) did not, he just gave a ticket for careless driving The FHP did at the scene of the crash or at the booking jail.

THANKS!!!!!

[Jerry Jones]

Originally Posted by mvpco

UPDATE 12/3/07 3pm I spoke with the LT. from the PD and WOW!!!! They admitted the mistake and have suspended the officer for 3 weeks without pay.


THANKS!!!!!!!

Maybe the three weeks of money the city saves from not paying the officer should go to you mvpco.

Just a thought.

[5150]

The fact that the first officer didn't do FST's is a BIG SWING in your favor when the lawsuit comes down. I mean how does a guy have a .21 BAC and the officer doesn't even get him out of the car and do FST's on him. I could understand if it was prescription meds or another illegal drug, but alcohol has an odor that can be missed when you are .21 BAC.

If I smelled alcohol, I GOT THEM OUT OF THE CAR TO DO FST's!!!!! Even if they were obviously coherent and probably did just have one or two beers. This whole episode is the reason why I always got them out. TO COVER MY A$$

[Boog]

"sovereign immunity"? I've not heard of that one before but then I've not had any dealings like this. Sounds like the city gov has their butts covered. They at least think they do. Officer disgretion or not he is a city employee and the city should be held accountable for his actions just the same as if any other city employee damaged your property. I feel sure the city has some form of municipal liability coverage. There is probably a state law requiring them to have such insurance. Either way the city government needs to step up and take care of your losses and BE GLAD IT'S NOT A WHOLE LOT MORE MONEY! As you have found you will not get anywhere dealing with the city's attorneys. They work for the city. You are a tax paying citizen of that city but it's not the same thing. You will need an outside attorney. If you can find one who has a particular beef with your city, even better.
I'm glad your story is still in the news down there as everyone in your community needs to know that this, and worse, can happen to any one of them at any time and they can expect the same treatment. Maybe a group of Concerned Citizens can be formed and attend several city council meetings and their views demanded to be heard. Then guarantee unless proper actions are taken there WILL be a new group of members on the city council. After all, it's the tax payers dollars that the city operates with.
If you do not know your alderman personally it's time you do. Pay him a visit or 3. Be sure to have pictures and police reports and claim estimates with you so IF he says he is not aware of this case you can fill him in. You are going up against city government and will have a hard way to go on your own. You need support. One man standing alone will not get far. Community support carries some weight. Even if you don't get full reimbursement and attorney fees it's the very principal of this whole thing. It's wrong.
Realize you may end up having to move before this is all over. I hope it goes well for you.
I'm sorry, I didn't mean to write a letter to the editor here. That's something else you can do at some point. Your story has already been on a couple of local TV newscasts and I'm sure in the paper too. I would try to keep an update of your case in the public's eye too. Best wishes for you and yours.

[Big Block]

Jeff here is a picture of the old girl. I think I have a few more. I sorry she is gone truly one the original survivors. Joel